George Shiras, Jr.

“ It is clearly shown that on March 12, 1827, Rafael Elias presented his petition to the treasurer general of the state of Sonora, asking for a grant of public lands adjacent to the ranch of San Pedro, within the jurisdiction of Santa Cruz; that on July 1, 1827, the treasurer general issued an order directed to the alcalde of the police of Santa Cruz, empowering him to proceed to survey, appraise, and offer at public sale for thirty consecutive days the lands indicated in the petition ”

“ None of the questions which were before the court on the first writ of error can be reheard or examined on the second. To allow a second writ of error or appeal to a court of last resort on the same questions which were open to dispute on the first would lead to endless litigation. ”

“ It was, however, held that the recovery should be restricted to the land claimed in the petition and paid for, and as it was shown that the survey was in excess of the land granted and paid for, the cause was remanded to the court of private land claims for further proceedings which resulted, as shown by this record, in a final decree of confirmation establishing the boundaries of the grant, and finding it to contain 4 sitios, or 17,474.93 acres. ”